If I need to respond to an office action and submit new evidence, will it cost extra?

Submitting a response to a trademark office action and providing new evidence typically doesn't incur an additional fee with the USPTO; however, occasional costs may arise.

Since January 18, 2025, the USPTO has updated its fees, replacing TEAS Plus and TEAS Standard with a single $350 per-class application fee. Additional surcharges now apply, including a $100 fee per class for missing required details, a $200 fee per class for using custom descriptions instead of pre-approved ones, and a $200 fee per class for excessive character length in descriptions. To avoid extra costs, applicants should ensure complete and accurate filings.

What is more important to consider is the potential costs associated with the process of responding, especially if you choose to seek legal assistance. If you decide to consult with or hire a trademark attorney to help prepare and submit your response, their services will likely involve professional fees. These can vary and are typically based on factors such as the complexity of the case and the level of assistance required.

Evidence gathering itself can also involve additional expenses, e.g. obtaining surveys, expert reports, or other supporting documentation.